Heard learned counsel
for the petitioner. This is a petition under Article 32 of the Constitution making
various prayers. Petitioner, who is a Bangladesh national, has been convicted by
the Additional Sessions Judge, Dakshin Dinajpur at Balurghat, West Bengal under
the Foreigners Act for illegally entering India and sentenced to undergo two years
rigorous imprisonment and to pay a fine of Rupees ten thousand. In our opinion,
if the petitioner has a grievance against that judgment, he has a right of appeal
to the High Court on the judicial side. He can also approach the concerned
executive authority under Section 432 Cr.P.C. or to the Governor under Article 161
of the Constitution of India. This is a judicial Court and hence this Court has
no power which the executive has under Section 432 Cr.P.C or which the WRIT
PETITION (CRL.) NO. 109 OF 2010 Governor has under Article 161 of the
Constitution. With these observations, the Writ Petition is dismissed